A scots technology lawyer is highlighting the legal pitfalls of blogging and commenting online.

John McKinlay, partner in the technology, media and commercial team at DLA Piper Scotland, is worried many people are not aware of potential legal pitfalls on the web including defamation and incitement.

Recent research by the law firm found only six per cent of Scottish internet users were clear on their legal rights and responsibilities when posting comment online.

A total of 81 per cent were uncertain or unaware of where the law stands in relation to blogging and user generated comment.

Just 36 per cent read the terms and conditions, disclaimers and guidelines for posting comment on internet forums they use.

However 12 per cent have had their comment removed or taken down in the past.

McKinlay said: "The combination of confusion and complacency about the relationship between the law and user generated content puts users at risk.

"Blogs and online forums may differ from traditional media in their style and purpose, but their content is still publicly consumed. Far from being immune from the law, this content is in particular danger of falling foul of it."

Around 51 per cent of users in the survey were in favour of bloggers being held to the same legal standards as journalists when publishing opinions but only 48 per cent were in favour of a voluntary code being established.

McKinlay added: "Many people are aware of the need for care when using the internet at work and they have become more aware of online privacy issues. However, this research shows that when it comes to posting comment online, clearer guidance is required.

"There is a big difference between censorship and protection - some have called for a code of conduct to provide guidance for bloggers and other users.

"That won't change the law and many bloggers may still say they'll "publish and be damned" - but they ought to be damned sure what the law says before they do."